HomeMy WebLinkAboutMINUTES - 03011988 - 1.12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 1, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Warren Smith Witness Fee Demand
The Board received a memo dated February 17 , 1988 from
Gary T. Yancey, District Attorney, commenting on the claim of
Warren Smith relative to his demand for payment of witness fees.
Mr. Yancey advised that no Board action is necessary on this
demand.
The Board therefore ACCEPTED the recommendation of the
District Attorney.
CC: County Administrator
District Attorney
Warren Smith
hereby certify that this Is a true and correct copy of
an action taken and entered on t^e minutes of the
Board of Supervisors on the date shown.
ATTESTED: IhIAA—' 4 /' /9rjr
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By , Deputy
Gary L Yancey
District Attorney OFFICE OF
DISTRICT ATTORNEY
CONTRA COSTA COUNTY
To; Jeanne Ma lio, Clerk of the Board -�'
g p �TVED
From. Gary T. Yancey, District Attorney FEB Oiqu
r.!-;i f.rr
Date. February 17r 1988 e:er.: 0nr,0-:.c
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CUnT C STACL)
Subject: Warren Smith Witness Fee Demand
1. Under P.C. Section 1329, the court "in its discretion" may
order witness fees. The local courts off-loaded the actual
decision making in individual cases to this office years ago.
2. The official policy and witness fee budget per County
Administrator mandate is limited to payment of fees and expenses
to out-of-county witnesses and for hardship cases.
Even though Mr. Smith does not reside outside this county, he
was authorized witness fees for his first court appearance in
order to avoid giving him a reason to register a complaint.
However, he was verbally told not to appear for the second
court date, which notice he chose to ignore. Therefore, he is
not entitled to fees and expenses for that date.
3. No Board action is necessary.
GTY:csr
9. 1987
RECEIVED 98B
0
Contra Costa -County I
B oara of Supervisors fig 1 1
651 Pine Street
Martinez# California U
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Res Demand for Payment of Witness Fees and
Expenses as Provided in State of California
Penal Code Case No. 45765.7
ladies and Gentlemen:
Peti over was ordered in writing to appear as a State
witness Case No, 47565-7, People of the State of California vs, David
Duane Stevens an the dates, January G# 1988 and January 27# 1988. Petitioner
appeared on the dates as ordered at the Delta Municipal 9orrt in Pittsburg,
California,
State of California Penal Code provides for payment to
the witness at the rate of $12900 per/diem and expenses of $0,20/mile.
Petioner claims two appearances @ $24*00 and ten
miles travel for each appearance for atotal of twenty miles La 20� ea/mile
plus 0,24.00 equals $28000 due and payable* Additional costs sze 22� for
postage to claim these monies for a total of $28.22.
Attention is directed to the entry of a filing of an
Abstract of Judgement filed by Thomas A Watrous on behalf of Contra Costa County
against Petitioner Warren L. Smith. Your further attention iscallea to the fact
that this matter is under Appeal and the accounting costs will exceed an estimated
'Two-hundred to the County to inake this entry and in no way will the recording
deter the Petitionerts filing of an amended Civil Rights Action against Contra
Costa County and other named defendants in the very near frture.
1100 Bailey Road
Pittsburg* California 94565